Angela Noaker, Kirkpatrick's mother says she went to the school and spoke with Grijalva after her son told her what had happened.

Noaker says she thought the teacher understood what she had said was inappropriate, but Noaker says she did it again.

Kirkpatrick says only days after his mother went to the school, during a tutoring session, he turned in a math assignment. Once again, he says Grijalva called his work trash.

Noaker says after the second incident she filed the lawsuit in small-claims court, seeking $10,000 in damages.

A spokeswoman for the Ysleta Independent School District writes in a statement:

"The district is surprised and dismayed at the allegations in the lawsuit because the allegations are false. However, we have faith in the legal system and will leave the defense of the lawsuit to the legal experts who are in charge of representing Ms. Grijalva."

Carmen Grijalva states in a court affidavit, part of a motion for dismissal of the lawsuit, that the incident never happened.